Publications: Ask The Legal Expert - January 2006

We suspect a nurse of improperly pocketing drugs. What's our best plan of action to: a) prove it, and b) get rid of her without putting ourselves at risk?

If you suspect one of your employees is stealing drugs from the workplace, you should conduct a prompt and thorough workplace investigation. Such an investigation entails gathering all documentary evidence and speaking to all witnesses. Typically, it IS wise to interview all third-party witnesses first and the suspect last, so that the employer has all relevant evidence at the time of the suspect's interview.

Remember to ask the common who, what, where, when, why and how questions. Also, the interviewer may want to purposely create "uncomfortable silences" during the interview as a means of putting pressure on the interviewee to provide additional information.

You should use two members of management to conduct the interviews - one to ask questions and the other to take scrupulous notes. Doing so allows you to rebut any "he said, she said" disputes. If you anticipate that the suspect may interfere with the investigation, you should suspend the suspect until you conclude your investigation.

If the suspect IS a member of a collective bargaining unit represented by a union and requests to have a co-worker present during the interview, you are required by law to grant the request.

Reproduced with permission from McKnight's Long-Term Care News

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